Code, Custom, and Contract: The Uniform Commercial Code as Law Merchant

Abstract

Rooted in ancient and medieval mercantile experiences, the law of commercial transactions draws from private agreements, customs and usages, and legislation. In this century, three sources – contract, custom and code – have transcended national laws and legal institutions. Codification has occurred on an international scale. In particular, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Incoterms govern many international commercial transactions.

Chen, James Ming, Code, Custom, and Contract: The Uniform Commercial Code as Law Merchant (February 18, 2010). Texas International Law Journal, Vol. 27, 1992. Available at SSRN: https://ssrn.com/abstract=1555220